Terms Of Use
1. Definitions
- User: Any individual or entity accessing or using the Services.
- Exhibitor: A seller of artworks who lists works for sale on Latitudes Online.
- Buyer: A user who purchases or enquires about artworks via the platform.
- Artwork: Any object listed for sale by an Exhibitor on Latitudes Online.
- Services: The website, platform, and associated tools provided by Latitudes Online.
2. User Eligibility
To use the Services, you must be at least 18 years old and have the legal capacity to enter into binding agreements. By accessing the Services, you confirm that you meet these requirements.
3. Exhibitor Responsibilities
3.1 Listing Accuracy
Exhibitors must ensure that all artwork listings are accurate, complete, and up to date. This includes details such as title, price, dimensions, medium, year, and availability.
3.2 Availability
By listing an artwork, the Exhibitor confirms it is available for sale. Works that are no longer available must be promptly removed or updated.
3.3 Condition and Readiness
Exhibitors guarantee that all listed artworks are in the condition described and professionally ready for packaging and delivery.
3.4 Responsiveness
Exhibitors are expected to respond to order notifications and client enquiries within 24hours to ensure a high standard of service. Delays may negatively impact future participation on the platform.
3.5 Packaging and Shipping
Latitudes will liaise with the Exhibitor upon receipt of an order to confirm availability and arrange delivery. Exhibitors are responsible for safely packaging artworks, unless otherwise agree
4. Order Process and Payment
4.1 Buy Now Sales
When a user purchases an artwork via the "Buy Now" option, Latitudes will contact the Exhibitor to confirm availability and arrange fulfilment. Sales are only final once availability is confirmed and payment is received.
4.2 Enquiry-Based Sales
Users may submit enquiries about specific artworks. Latitudes will liaise with the Exhibitor to answer questions, provide additional information, and facilitate the sale offline. Prompt response - within 24 hours - to these enquiries is critical to securing sales.
4.3 Payment Terms
Latitudes will release payment to the Exhibitor 14 days after the artwork has been delivered to and accepted by the buyer. This is to allow for returns, in accordance with South Africa’s Consumer Protection Act (CPA).
5. Commissions and Fees
Latitudes charges commissions on sales made through the platform. The applicable rate and terms will be communicated in advance and agreed upon by the Exhibitor.
6. Cancellations, Returns, and Refunds
6.1 Buyer Cancellations
If a buyer cancels an order before shipping, Latitudes will confirm with the Exhibitor and process any applicable refunds.
6.2 Damaged or Misrepresented Works
If an artwork arrives damaged or does not match the listing, the buyer may request a return or refund. Exhibitors may be responsible for return shipping costs in such cases.
6.3 Final Sales
Unless otherwise stated, all sales are considered final once the artwork has been delivered and accepted by the buyer.
7. Intellectual Property
All content on the platform, including images, text, and artwork listings, is protected by intellectual property laws. Users may not copy, distribute, or use content without permission. Listing an artwork does not transfer any intellectual property rights to the buyer unless explicitly stated.
8. Acceptable Use
Users must not:
- Misrepresent artworks or impersonate others
- Use the platform for unlawful or fraudulent purposes
- Attempt to scrape or extract data from the platform
- Infringe upon the rights of other users or third parties
9. Privacy and Data Use
Your use of the platform is subject to our Privacy Policy, which outlines how we collect, use, and store personal data. By using the Services, you consent to our data practices.
10. Limitation of Liability
Latitudes acts as an intermediary between buyers and exhibitors. We are not liable for:
- The accuracy or authenticity of listings
- Damaged or lost artworks in transit (unless directly handled by Latitudes)
- Losses arising from user misconduct or third-party actions
11. Dispute Resolution
In the event of a dispute between a buyer and an exhibitor, Latitudes will make reasonable efforts to mediate. However, we do not guarantee resolution and are not legally responsible for unresolved disputes.
12. Termination
Latitudes reserves the right to suspend or terminate any user account or remove listings at our discretion, particularly in cases of non-compliance with these Terms.
13. Changes to Terms
We may update these Terms from time to time. Changes will be posted on the website, and continued use of the Services constitutes acceptance of the updated Terms.
14. Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the South African courts.
If you have any questions regarding these Terms, please contact us at: info@latitudes.online
